ASSUMPTION OF RISK, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT
I fully understand that my participation in the Moreno Valley Citizens Program at Various City Facilities in Moreno Valley (listed in the program) collectively referred to as the “PROGRAM” hereafter) exposes me to the risk of personal injury, death, loss, and/ or property damage. I hereby acknowledge that I am voluntarily participating in this PROGRAM and expressly agree to assume any such risks. I further agree that I am performing such services of my own free will and that I am not an employee, officer, or agent of the City of Moreno Valley. Furthermore, I understand that any willful negligence resulting in damages may make me, or my agency, personally responsible for any expenses, losses, medical-related expenses, and/ or damages, which may arise in whole or in part, from the use of the city’s property, its equipment, buildings, and/ or grounds while participating in the PROGRAM.
In being permitted to participate in the PROGRAM, I hereby release, discharge, waive, and relinquish any and all actions or causes of action for personal injury, property damage, loss, and/ or wrongful death occurring to myself and others while participating in the PROGRAM. As a participant, I further agree that under no circumstances will I prosecute or present any claim for Workers’ Compensation benefits, personal injury, property damage, and/ or wrongful death against the City of Moreno Valley, its officers, employees, agents, Community Services District, Special Districts, Board members, and volunteers as a result of my participation in the PROGRAM.
Hold Harmless. In consideration of the opportunity afforded to me to participate in this PROGRAM, I hold harmless the City and/or its officers, agents, or employees and/or its affiliates, officers, agents, or employees, for injury, damage, or death resulting from the negligent or willful acts or omissions caused or arising from my personal participation in the PROGRAM. I further waive any right I might otherwise have, and covenant not to sue the City of Moreno Valley and/or its officers, agents or employees, and/or its affiliates, officers, agents or employees, in connection with any such injury, damage or death.
Civil Code Section 1542 Waiver. I also hereby expressly waive any and all rights and benefits conferred upon me by the provisions of section 1542 of the California Civil Code, which reads as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notwithstanding the provisions of section 1542, and to implement a full and complete release as set forth, I acknowledge this waiver will be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities, and demands of whatsoever character, nature, and kind known or unknown, or suspected or unsuspected.
I further represent and warrant that I have read this Assumption of Risk, Hold Harmless, and Indemnification Agreement, including this waiver provision, and, prior to executing this Assumption of Risk, Hold Harmless and Indemnification Agreement, I have had an opportunity to consult an attorney about this Assumption of Risk, Hold Harmless and Indemnification Agreement and specifically about this waiver provision.
In further consideration for being allowed to participate in the PROGRAM, I hereby agree for myself, my heirs, administrators, executors and assigns, that I indemnify and hold harmless the City of Moreno Valley, its officers, employees, agents, Community Services District, Special Districts, Board members, and volunteers from any and all claims; including claims for Workers’ Compensation benefits, damages, losses, demands, and/ or actions or suits arising out of or in connection with my participation in the PROGRAM.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF LIABILITY AND SIGN IT OF MY OWN FREE WILL.